What is the difference in handling non-responsive submissions before and after final rejection in patent reexamination?
The handling of non-responsive submissions differs significantly before and after final rejection in patent reexamination: Before Final Rejection: Examiners may give the patent owner a new time period to supply an omission in a bona fide response. After Final Rejection: The practice of giving additional time does not apply. As stated in MPEP 2266.01: “The…
Read MoreWhat constitutes a submission not fully responsive to a non-final Office action in a patent reexamination?
A submission is considered not fully responsive to a non-final Office action in a patent reexamination when: A bona fide response to the examiner’s non-final action is filed It’s filed before the expiration of the permissible response period, including extensions But through an apparent oversight or inadvertence, some necessary point has been omitted As stated…
Read MoreWhat is Form Paragraph 22.14 used for in patent reexamination?
Form Paragraph 22.14 is used in patent reexamination when a submission is not fully responsive to a non-final Office action. It serves to notify the patent owner of the deficiency and provides instructions on how to proceed. According to MPEP 2266.01: “Form paragraph 22.14 may be used where a bona fide response is not entirely…
Read MoreHow does an examiner handle a not fully responsive submission in patent reexamination?
When an examiner encounters a not fully responsive submission in a patent reexamination, they have several options: Waive the deficiencies if they are not serious and act on the submission Accept the amendment as a response but notify the patent owner that the omission must be supplied Notify the patent owner that the response must…
Read MoreWhat is the significance of a ‘bona fide attempt’ in patent reexamination responses?
A ‘bona fide attempt’ in patent reexamination responses refers to a genuine effort by the patent owner to advance the reexamination proceeding to final action, even if the response contains minor deficiencies. According to MPEP 2266.01: “Where a patent owner submission responds to the rejections, objections, or requirements in a non-final Office action and is…
Read More